Anti-deception network news: Today, China-Singapore Observation noticed an administrative ruling entitled "Hangzhou Jianggan District Market Supervision and Administration Bureau, Hangzhou Arya Technology Co., Ltd. Non-litigation Enforcement Review Administrative Ruling" (hereinafter referred to as the "Administrative Ruling").
According to the "Administrative Ruling", on March 18, 2020, the Hangzhou Jianggan District Market Supervision and Administration Bureau issued the "Administrative Punishment Decision Letter" of Hangjiang Municipal Supervision and Punishment Bureau Zi [2020], which held that the person subject to enforcement required the recruited personnel to obtain the qualification to join in the form of disguised payment of fees, and develop other personnel to form a superior-subordinate relationship, calculate and pay the online remuneration based on the sales performance of the lower line, and obtain illegal benefits by this sales method, which violated Article 7 of the Regulations on the Prohibition of Pyramid Schemes ( (2) (3) Provisions. In accordance with the provisions of the first paragraph of Article 24 of the Regulations on the Prohibition of Pyramid Schemes, it was decided to impose the following penalties on the person subject to enforcement: 1. confiscation of illegal gains of 374334 yuan; 2. a fine of 500,000 yuan. The person subject to enforcement shall pay the payment at all branches of China Construction Bank in Hangzhou within 15 days from the date of receipt of this administrative punishment decision. Where the person subject to enforcement fails to perform on the administrative punishment decision within the time limit, the applicant for enforcement will employ the following measures in accordance with law: (1) If the fine is not paid within the time limit, a fine of 3 percent of the amount of the fine shall be imposed daily, and the maximum amount of the additional fine shall not exceed the amount of the fine; (2) apply to the people's court for compulsory enforcement. The decision informs the person subject to enforcement of the remedies and other contents.
After trial, it was ascertained that on December 4, 2018, the judgment debtor signed the "Agency Cooperation Agreement" with Hangzhou Arya Medical Beauty Clinic Co., Ltd., stipulating that the judgment debtor would be responsible for marketing planning, developing customers, signing partner agreements with partners, capital settlement, etc., and implemented the following sales models: The customer and the judgment debtor signed the "Medical Beauty Marketing Partner Agreement" and became a partner after a one-time payment of 28,000 yuan. Obtain any 2 beauty projects and partner qualifications in the 6 beauty projects provided by Hangzhou Arya Medical Beauty Clinic Co., Ltd.; the executor implements the following incentive measures for the partner: partner a directly recommends others b to become partners, a can get a direct recommendation reward of 15,000 yuan, partner b recommends others c to become partners, b receives a direct recommendation reward of 15,000 yuan, a can also get indirect recommendation rewards of 1,400 yuan; the executor recruits 2 partner team leaders, In addition to partner qualifications, you can also receive a 5% reward for the new performance of the partner team.
As of June 6, 2019, according to the statistics of the evidence extracted, the judgment debtor recruited a total of 26 partners, of which 6 partners did not pay fees, and the remaining 20 partners paid a total fee of 703,900 yuan. The above 26 partners form a relationship between recommendation and recommendation, and the judgment debtor issues direct recommendation rewards, indirect recommendation rewards and team rewards to the relevant partners according to the recommendation relationship, totaling 323376 yuan. The beauty projects of the above 20 partners have been completed, and the executor paid 21 surgical fees of 308539 yuan and 21,027 yuan for the surgical design to Hangzhou Arya Medical Beauty Clinic Co., Ltd., and the total cost of the above-mentioned beauty projects is 329566 yuan, and the executors have not paid the relevant taxes and fees, so the illegal income of the executors is 374334 yuan.
On March 18, 2020, the applicant for enforcement made the "Administrative Punishment Decision Letter" of Hangjiang Municipal Supervision and Punishment Punishment Zi [2020] No. 2, and directly delivered it to the person subject to enforcement. The person subject to enforcement failed to pay the fine and forfeiture as scheduled, nor did he initiate an administrative reconsideration or lawsuit, and on September 23, 2020, the applicant for enforcement served the (Hangjiang) Municipal Supervisor's Performance Reminder [2020] No. 0923 "Reminder of The Performance of the Administrative Decision" to the person subject to enforcement, and the person subject to enforcement has still not performed the administrative punishment decision.
This court held that the Hangjiang Municipal Supervision and Punishment Penalty Decision [2020] No. 2 "Administrative Punishment Decision" made by the applicant for enforcement against the person subject to enforcement found that the facts were clear, the evidence was credible and sufficient, the procedures were legal, and the application for application for law was correct; and the application for compulsory enforcement to this court within the time limit prescribed by law met the conditions for enforcement. In accordance with article 97 of the Administrative Procedure Law of the People's Republic of China and article 160 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China, the ruling is as follows:
The applicant for compulsory enforcement, the Hangzhou Jianggan District Market Supervision and Administration Bureau, applied for a fine and forfeiture of 874334 yuan and a fine (late fee) of 500,000 yuan for the execution of the judgment debtor Hangzhou Aria Technology Co., Ltd.
If the applicant for enforcement is not satisfied with this ruling, he may, within 15 days of receiving the ruling, apply for reconsideration through this court to the Intermediate People's Court of Hangzhou City, Zhejiang Province, or directly apply to the Intermediate People's Court of Hangzhou City, Zhejiang Province for reconsideration.
According to Tianyancha app, Hangzhou Arya Technology Co., Ltd. was established on November 23, 2018, with a registered capital of 3 million yuan, and Dong Huaishan served as a legal person, executive director and general manager, holding 100% of the shares.
In addition, the "Administrative Ruling" mentioned Hangzhou Arya Medical Beauty Clinic Co., Ltd., according to tianyancha app, Hangzhou Arya Medical Beauty Clinic Co., Ltd. was established on January 11, 2018, with a registered capital of 10 million yuan, and Liu Xiaohui served as a legal person, executive director and general manager. The company's Dong Yafeng is the general manager.
It is worth noting that on September 11, 2020, the company was "manifested in the form of medical advertisements that include the use of the names and images of patients, health technicians, medical education and scientific research institutions and personnel, and other social associations and organizations as evidence." He was fined 1720 yuan by the Jianggan District Market Supervision and Administration Bureau of Hangzhou City. On January 17, he was fined 20,000 yuan by the Market Supervision and Administration Bureau of Jianggan District of Hangzhou City for "producing and selling counterfeit drugs". On December 3, 2019, he was fined 20,000 yuan by the Jianggan District Market Supervision and Administration Bureau of Hangzhou City for "publishing false advertisements".
Article Source: Life Jun